A gay rights victory

Published 8:00 pm, Wednesday, April 6, 2005

"The law said they were legal strangers," said McDonald, who in an impassioned speech told fellow lawmakers it was time to change the law.

"The state stands today before a portal in history," said McDonald, who is gay. "I ask you to pass through it and lead Connecticut through its legacy of equal rights."

In an historic and decisive vote, the state Senate on Wednesday agreed to recognize civil union for same-sex couples. The final count was 27 to 9, with some Republicans joining Democrats in voting "yes."

If the bill is approved by the House and signed by Republican Gov. M. Jodi Rell, Connecticut would become the third state - after Vermont and Massachusetts - to legally recognize unions between gay couples. It would be first state to do so without a court order.

The unions would grant gay couples many of the rights of married couples. That includes the ability to pass on property, to file taxes jointly and to share health insurance plans.

The civil unions bill was expected to pass the Democratic-controlled Senate. That did not stop senator from debating for four hours. Nor did it stop lawmakers from baring their souls.

After all, the eyes of the nation were on Connecticut. Elsewhere, state after state - 18 in all, including Kansas this week - have changed their constitutions to ban unions between gay partners.

Sen. David Cappiello, R Danbury, said he had lost sleep thinking about the civil unions bill. He said he didn't not want to discriminate, and mentioned that he helped craft a law in 2000 that gave gay couples the right to adopt. "One of my closest friends in the world," he said, "has been in a 17-year relationship with his partner."

Cappiello had voted against the civil union bill in two committees. On Wednesday, he voted for it. "I hadn't made up my mind until I pushed the button," he acknowledged.

Still, he had misgivings. During the debate, Cappiello offered an amendment that would have defined marriage as being between one man and one woman. It was defeated 23 to 13.

Civil unions are considered to be a step below marriage. Last year, the Massachusetts Supreme Court ordered the state to allow full-fledged marriage for gay couples. Some advocacy groups want the same thing in Connecticut. But conservatives and religious say allowing gay marriage would undermine traditional family values.

"I do believes, as does President Bush, that civil unions are separate from marriage," said Cappiello. "When push came to shove, I viewed this as a secular issue, a contractual issue. It's not marriage. If there are any efforts to make it a marriage in the future, I'll be the first to vote against it.

Democrats who opposed Cappiello's amendment said the 2000 adoption law states that the "current policy" of the state is that marriage is between a man and a woman. They said further definition is unnecessary.

But Rell has a different view. She has voiced support for civil unions but wants a bill that also defines marriage as between a man and a woman. She would not say if she would veto the bill if it does not have that language.

"I'd like to wait to see the final bill," Rell said Wednesday. "I always said I would support the concept of civil unions, I also do believe marriage is between a man and a woman. It would enhance the bill to define marriage."

Peg Horne of Canton, who watched the debate from the Senate gallery, has been with her partner Maryanne Otto for 10 years. She was happy with the vote, but doesn't plan to enter a civil union. "I prefer to hold out for marriage," she said. "Separate is not equal."

Still, she said, "this is a good first step providing all the same rights to same sex couples. I do see this as the first step toward marriage."

Ann Stanback, president of the pro-gay marriage group Love Makes a Family, was happy with the tone of the debate. In her view, many senators "acknowledged that civil union legislation is the beginning, not the end, of securing full protections for all Connecticut families."

"This is the very last step toward same sex marriage," Kissel said. "For 2,000 years traditional marriage between a man and a woman has been the idea condition to raise children."

Another amendment was offered by Senate Minority Leader Louis DeLuca, R-Woodbury. But senators defeated his proposal for a non-binding statewide referendum to gauge public opinion. "For something this important, asking the people how they feel would not be unusual," he said.

"The people elected us to sit in this circle and do our job," Williams said. "It sets a dangerous precedent for legislation that provides rights, privileges, and civil rights to be submitted to votes in a referendum."

Senate Minority Leader Pro Tem John McKinney, a Fairfield Republican whose district includes Newtown, said he doesn't believe sexual orientation is a choice, and thus believes gays and lesbians are entitled to the same rights as others.

Though he had been asked by many constituents to vote against the gay unions bill, McKinney said he learned it was important to opposed discrimination when his father, former U.S. Rep. Stuart McKinney, died in the late 1980s.

"When my father passed away, I saw a lot of hate mail saying someone who dies of AIDS must be gay," McKinney said. "I'm glad we are doing what we're doing in Connecticut."